Independent Medical Examination Must Be Reasonable

It is a common practice of an insurance company to order a person to an
independent medical examination or “IME” in order to determine,
using their own doctor, the status of the disability. However, often times
the IME is far away, at an inconvenient time, or possibly poses more danger
to the person’s health. The person may feel like, or have even been
told, that if they do not show up to the examination, their claim or benefits
will be denied.

The independent medical examination can be a tricky and scary part of the
disability insurance claim process. But the Courts have addressed this
issue and found that an IME must be reasonable. So, what does reasonable mean?

If the person is someone who is suffering from severe back pain, submitting
to another exam may leave them worse off. Or if the IME is scheduled with
a doctor who is 100 miles away, the time and effort to get to the exam
is unnecessarily burdensome. The courts have found that examples like
this are unreasonable. They pose a greater risk to the person and make
it nearly impossible for them to even attend the exam.

It is possible for the person to object to the IME, but that may not go
well with the insurance company. In this case, you have to have a good
faith reason for not attending the exam. It is also an option to request
to have an attorney present with you while you attend the exam. This is
another good way of making sure everything with the IME is appropriate
and reasonable.

If you have filed a claim for disability insurance benefits and have been
requested by the insurance company to attend an independent medical examination,
it is to your benefit to have an attorney help you through this process.
Your attorney can contact your doctors and have a letter written explaining
why attending an IME may be detrimental to your condition or can object
to the IME if it is in an inconvenient location or time. Having an experienced
attorney review your claim and the request for the IME may help avoid
any unnecessary or unreasonable burden to you.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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